Umakanthan53
Labour Law & Hr Consultant
+1 Other

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Hello Dear Friends !
I am seeking advise on the following two questions. Please advise. Looking forward to your help. Thanking you in anticipation.
My company is a startup involved in research and development of various vaccines, bacteriology and virology. They will also shortly start providing courses on similar subjects and also foray into the domain of public health. The recruitment process is going on for scientists who will work as faculty members as well as in R&D. Along with this, there will be support staff in HR, Admin and Corporate Communications.
1. What will be the minimum leave structure for this company ? Will the leaves need to be segregated into CL, EL and SL? What will be the Act/rule guiding this ?
2. What is the permissible number of working hours for an employee per week ?
Awaiting your help,
Barnali Sengupta
06.08.2019

Dear Barnali,
Noticing your location as kolkata, I asume that your establishment is situated in West Bengal, As per the Shops and Commercial Establishments Act of West Bengal, your establishment is covered under this act and the answers for your questions as follows.
1.For the first year of employment for the every continous year of an employee he is eligible for 14 days half paid Sick Leave every year on obtaing Medical certifiacte from a medical practitioner, Sick leave can be accumulated upto a maximum of 48 days.
For the first year of employment and for the every continous year of an employee he is eligible for full pay of 10 days of Casual Leave. It cannot be accumulated.
For every completed year of continous services every employee is eligble for full pay of 14 days of Priviledge leave which can be accumulated upto 28 days.
2. The permisible hours of working per day is 8.5 and a week is 48.
for legal advice, labour and HR compliance you can contact our expert team on 7708907021
Regards,
KM.
Sr.Consultant (Labour Law)

1. What will be the minimum leave structure for this company? Will the leaves need to be segregated into CL, EL and SL? What will be the Act/rule guiding this?
As per India leave policy, the structure should include CL, EL, SL ML. As per the factories act, companies has to provide the annual/earned leave of 12 working days to workers. National holidays like republic day, independence day and mahatma gandhi day should be compulsory holidays.
2. What is the permissible number of working hours for an employee per week?
As per the Factories Act 1948, employees of 18 years of age cannot work for more than 48 hours in a week and not more than 9 hours in a day. Also the act notifies about the working hours under the rules 20 to 25 that the number of work hours in a day should not exceed 9 hours/ day. if any complaints it can be submitted to Labour commissioner office.
Team,
TalentPro India
https://www.talentproindia.com/

Dear Barnali Sengupta,
From the description of the proposed activities of the start-up, I am of the view that your organization is an entity engaged in research and education and as such it will not come under the purview of Shops and Establishments Act in view of the ratio decidendi of the judgment of the hon'ble Supreme Court in Ruth Soren v. Managing Committee, I.S.S.D.A [ 2001(2)SCC 115 ].
However, it cannot be a handicap in devising your own leave policy and fixation of work timings in tune with common labor standards relating to conditions of service of the employees.

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